Free ExParte Motion - District Court of Connecticut - Connecticut

Case 3:02-cv-01001-AWT

Document 77

Filed 09/12/2006

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT TRACY BOLWELL, Plaintiff, vs. DURAMED PHARMACEUTICALS, INC., BARR LABORATORIES, INC., Defendants. : : : : : : : : : : : CIVIL ACTION NO: 302CV01001AWT JUDGE ALVIN W. THOMPSON MAG. JUDGE DONNA F. MARTINEZ

September 12, 2006

AGREED MOTION FOR EN TRY OF SECOND AMENDED SCHEDULING ORDER Pursuant to the June 20, 2006, and July 27, 2006, orders of the Court granting plaintiff's motions to enlarge time and extend discovery, the August 29, 2006, order of the Court requiring the parties to submit a schedule for submission of pre-trial motions, and United States District Court for the District of Connecticut Local Rule 7(b), plaintiff Tracy Bolwell and defendants Duramed Pharmaceuticals, Inc., and Ba rr Laboratories, Inc., by and through counsel, jointly file this agreed motion for entry of a second amended scheduling order. The parties jointly request that the Court grant this motion and enter the second amended scheduling order in the form attached hereto in order to memorialize the amended discovery schedule in effect and to provide the parties with a schedule for the filing and disposition of all pre-trial motions, including challenges to the admissibility of expert witness testimony and dispositive motions. The parties would show the Court that this second amended scheduling order is necessary to comply with the August 29, 2006, order of the court to submit a schedule for anticipated motion

Case 3:02-cv-01001-AWT

Document 77

Filed 09/12/2006

Page 2 of 4

practice. No undue delay or prejudice will result from entry of this second amended scheduling order, and no deadlines for completion of discovery presently in effect will be extended. This agreed motion for entry of a second amended scheduling order is the second joint motion for amendment to the scheduling order in this case. Plaintiff previously moved the Court for additional time to conduct fact discovery on October 27, 2005, June 19, 2006, and July 24, 2006. WHEREFORE, for all of the foregoing reasons, the parties respectfully request the Court grant this agreed motion for a second amended scheduling order and enter a second amended scheduling order in the form attached hereto.

Respectfully Submitted,

/s/ Joseph P. Thomas Thomas H. Winslow The Law Office of Thomas H. Winslow, LLC 321 Main Street Farmington, CT 06032-2976 (860) 678-4425 (860) 678-4427 FAX

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Case 3:02-cv-01001-AWT

Document 77

Filed 09/12/2006

Page 3 of 4

Joseph P. Thomas Ohio Bar No: 0040379 CT Fed. Bar No. phv0382 Jennifer Hageman Ohio Bar No.: 0066632 Jeffrey D. Geoppinger Ohio Bar No: 0073908 CT Fed. Bar No. phv0382 ULMER & BERNE LLP 600 Vine Street, Suite 2800 Cincinnati, OH 45202-2409 (513) 698-5000 (513) 698-5001 FAX [email protected] [email protected] [email protected] Counsel for Defendants Duramed Pharmaceuticals, Inc., and Barr Laboratories, Inc.

/s/ Brian Kenney Ron Michael Meneo, Esq. Brian Kenney, Esq. Early, Ludwick & Sweeney, L.L.C. 265 Church Street, 11th Floor P.O. Box 1866 New Haven, CT 06508-1866 Attorneys for Plaintiffs

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Case 3:02-cv-01001-AWT

Document 77

Filed 09/12/2006

Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was served via facsimile, Federal Express and/or U.S. mail on the 12th day of September, 2006 on: Ron Michael Meneo, Esq. Brian Kenney, Esq. Early, Ludwick & Sweeney, L.L.C. 265 Church Street, 11th Floor P.O. Box 1866 New Haven, CT 06508-1866 Attorneys for Plaintiffs

/s/ Jeffrey D. Geoppinger

390815.1 (27494-3) 9/12/2006 9:14 AM

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